Section 6.36 — Motor Accident Injuries Act 2017 (NSW)

(cf s 113 MACA)
(1) If a person against whom a claim can be made is dead or cannot be served with process, the claimant and a person claiming contribution or indemnity between joint tortfeasors may—
(a) take proceedings in respect of the claim against the person’s insurer, and
(b) recover in those proceedings an amount for which the claimant or the person claiming contribution or indemnity could have obtained a judgment against the insured person.
(2) The fact that a person cannot be served with process is not to be regarded as having been proved unless it is established that all reasonable inquiries have been made in an effort to effect service.

Related sections

• s 6.33 — Insurer may require claimant to commence court proceedings
• s 6.34 — Matter to be remitted for further claims assessment where significant new evidence produced in court proceedings
• s 6.35 — Presumption of agency
• s 6.37 — Proof of inability to serve process and give notice
• s 6.38 — Disclosure of offers or assessment by Commission
• s 6.39 — Licensed insurers to deter fraudulent claims

Research how courts apply s 6.36

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.